Bought a gun for my GF

This is a discussion on Bought a gun for my GF within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Got her a 32 and she can shoot very well with no recoil (keltec p32).. However, it I purchased it and used my name for ...

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Thread: Bought a gun for my GF

  1. #1
    Member Array jkvan87's Avatar
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    Bought a gun for my GF

    Got her a 32 and she can shoot very well with no recoil (keltec p32).. However, it I purchased it and used my name for the gun. Is it ok if she uses it for her personal protection at work/home/car. We are getting our CHL soon though.

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  3. #2
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    IANAL, but unless you actually give it to her as a gift and she is legally able to own it, it's kind of considered a "straw purchase" which is basically, Illegal.

    I believe the ATF form you filled out asked if this purchase was for yourself and no other person, or words to that effect.

    JMHO, I am willing to stand corrected by others more in the know.
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

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    Member Array jkvan87's Avatar
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    Also, I live in Texas

    I found this online.. true?
    handgun transfer? - TheFiringLine Forums

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    Member Array MrsFosforos's Avatar
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    There is a great forum avaiblabe for Texas CHL'ers you should check out called texaschlforum.com.

    Texas does not require a paper trail if you sell or gift a gun to another Texas resident -- as long as that person meets the requirements of one who could otherwise buy a gun legally in the state.

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    Senior Member Array elkhunter's Avatar
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    I would call it your gun, that she uses.
    At least until you are married, (?)

    I bought at least three guns for my wife over the last several years.
    I own them, they are for her use. Besides, what's mine is hers, and what's hers is mine.

    I have purchased guns for my children, I own them, and they can use them under my strict supervision until they are of legal age to own them.
    At which time I will review the regulations for legal transfer. (As far as I know, as of today, in Colorado, there is no restriction on private transfer of firearms in Colorado.)

    It is always best to Know Thy Regs!
    It’s so much easier now days, to "Love and honor" my wife, when she is armed, and shoots a better group than I do. (Till death do us part, eh?)

    “The way you get shot by a concealed weapons permit holder is, you point a gun at him,” the Sheriff said.

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    Member Array jkvan87's Avatar
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    We lived together for about 7 months..common law marriage?

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    Member Array Roy McC's Avatar
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    G. Gordon Liddy was asked one time on his radio show, how many guns do you own?

    He answered none, I'm a convited felon, but Mrs Liddy own 28 of the nicest guns you ever saw!
    "The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government".
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    Member Array Dakota97's Avatar
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    See number 1 on the ATF 4473 at this link:
    DRAFT ATF F 4473 (5300.9)

    According to this you can purchase the firearm as a gift if the person you are giving it to can legally own a firearm. You cannot take your girlfriend's money and purchase a forearm for her. If you do that it would be considered a straw purchase and you could be subject to a fine of $250,000 AND a 10 year prison sentence.
    NRA life member.

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    Member Array user's Avatar
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    Quote Originally Posted by jkvan87 View Post
    Got her a 32 and she can shoot very well with no recoil (keltec p32).. However, it I purchased it and used my name for the gun. Is it ok if she uses it for her personal protection at work/home/car. We are getting our CHL soon though.
    As long as you have no reason to know that she's legally ineligible to be in possession of a firearm, there's no problem as a matter of federal law. I.e., she's not a convicted felon, not subject to a restraining order, not an illegal immigrant, not adjudged insane or previously been involuntarily committed for psych treatment, etc.; she can't buy the gun if she's less than 21, but the law of your state determines whether she's lawfully entitled to be in possession of the gun. Remember that ownership and possession are two different things.

    It's not likely to be considered a straw purchase, because you bought it for yourself to be used as a gift to someone else. People do that all the time. It'd be better if you were family members or had some relationship closer than bf/gf, but I don't see that as a problem.

    My suggestion is that you maintain that it is your gun in her possession.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    Nothing I say as "user" should be taken as either advertising for attorney services or legal advice. Legal questions should be presented to a competent attorney licensed to practice in the relevant state.

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    Quote Originally Posted by Dakota97 View Post
    See number 1 on the ATF 4473 at this link:
    DRAFT ATF F 4473 (5300.9)

    According to this you can purchase the firearm as a gift if the person you are giving it to can legally own a firearm. You cannot take your girlfriend's money and purchase a forearm for her. If you do that it would be considered a straw purchase and you could be subject to a fine of $250,000 AND a 10 year prison sentence.
    Exactly, as long as you purchase the gun with your money, and she cal legally own a gun, there is nothing illegal with it. I have bought several guns for my wife. Nothing illegal since it was bought with our money and she is legal to own a gun.

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    you're good to go
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    VIP Member Array TedBeau's Avatar
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    Quote Originally Posted by user View Post
    As long as you have no reason to know that she's legally ineligible to be in possession of a firearm, there's no problem as a matter of federal law. I.e., she's not a convicted felon, not subject to a restraining order, not an illegal immigrant, not adjudged insane or previously been involuntarily committed for psych treatment, etc.; she can't buy the gun if she's less than 21, but the law of your state determines whether she's lawfully entitled to be in possession of the gun. Remember that ownership and possession are two different things.

    It's not likely to be considered a straw purchase, because you bought it for yourself to be used as a gift to someone else. People do that all the time. It'd be better if you were family members or had some relationship closer than bf/gf, but I don't see that as a problem.

    My suggestion is that you maintain that it is your gun in her possession.
    Wouldn't it just be easier to transfer ownership to the girlfriend. That way its still a gift but the gun becomes hers. Here is michigan if youdo not have a CCW you cannot carry a gun that is not yours. If you have a CCW you may carry anyones gun, provided they gave you permission and you are not committing an illeagal act.

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    Member Array Dakota97's Avatar
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    Quote Originally Posted by TedBeau View Post
    Wouldn't it just be easier to transfer ownership to the girlfriend. That way its still a gift but the gun becomes hers. Here is michigan if youdo not have a CCW you cannot carry a gun that is not yours. If you have a CCW you may carry anyones gun, provided they gave you permission and you are not committing an illeagal act.
    That would be the best option. While it is legal to give a gift purchased with your own money, the gun is still in the purchaser's name. Relationships with girlfriends do many times end and the OP has no idea where that firearm will end up or what it will be used for. If it given as a gift and is later used in a crime, the paper trail would end with the OP and there would be no proof that the OP gave the gun to someone else. It would only cost a small amount to go to an FFL dealer and have the girlfriend do the background check thus placing the firearm in her name and possession.
    NRA life member.

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    Member Array jkvan87's Avatar
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    I should be ok in this situation then

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    Senior Member Array lance22's Avatar
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    I kind of did what you did. I bought a gun for my wife last week. Well, sort of. Everyone tells me that it would be stupid for me to buy a gun for my wife because she should pick out her own. Well, I don't want to do anything stupid.

    So, what I did is I bought a gun for myself, but one that would be the right size and caliber for her. I am getting custom grips that I think she will like, custom engraved with something she will like. Make no mistake that I'm buying this gun for myself, but it will be outfitted to be perfect for her. She is welcome to 'claim it' and it's my hope that she will. If not, I have another carry gun in my stable :)

    When I get all the pieces together (won't be until April or May) I'll post photos and the story about my wife's reaction. I bought it last week but because of supply/demand who knows when I'll see it.

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